Legal Opinion
Kelly v. Eggers
Appellate Division of the Supreme Court of the State of New York
Decided March 18, 1932PublishedCited by 3 opinions
1Opinion of the CourtO’Malley, J.
The plaintiff has had judgment on defendant’s promissory note. The question presented is whether the defendant was entitled to present proof in support of the issues raised by his amended answer. His defenses were stricken out after the opening statement of his counsel. This ruling was predicated upon our decision on a former appeal in which the defendant’s original answer was held insufficient. (Kelly v. Eggers, 225 App. Div. 511.)
The plaintiff concededly is in the position of an assignee. The note in question was dated March 8, 1922, and was for the sum of $5,000 to the order of one Byrne…
2Cases cited5 opinions
- Ewing v. . WightmanNew York Court of Appeals · 1901
- Ruppert v. SinghiNew York Court of Appeals · 1926
- Bryan L. Kennelly, Inc. v. ShapiroNew York Court of Appeals · 1928
- Bryan L. Kennelly, Inc. v. ShapiroAppellate Division of the Supreme Court of the State of New York · 1928
- Kelly v. EggersAppellate Division of the Supreme Court of the State of New York · 1929
3Cited by3 opinions
- In re Pace Photographers, Ltd.Appellate Division of the Supreme Court of the State of New York · 1990
- County Trust Co. v. MaraAppellate Division of the Supreme Court of the State of New York · 1934
- Fadex Foreign Trading Corp. v. Crown Steel Corp.New York Supreme Court · 1947